Lee Kin Pong v Hksar

Cited as:[1998] 1 HKLRD 182
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMC11/1997
Judgment Date:20 Jan 1998
FAMC000011/1997 LEE KIN PONG v. HKSAR

FAMC No. 11 of 1997

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 11 OF 1997 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA No. 703 OF 1997)

_____________________

BETWEEN
LEE KIN PONG Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Coram : Chief Justice Li, Mr Justice Ching, P.J. and Mr Justice Bokhary, P.J.

Date of Hearing: 20 January 1998

Date of Determination: 20 January 1998

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D E T E R M I N A T I O N

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Mr Justice Bokhary, P.J.:

1. This is the determination of the Appeal Committee in this application for a certificate under s.32(3) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 and for leave to appeal to the Court of Final Appeal against the dismissal by Pang J in the High Court on 15 November 1997 of the applicant's appeal against his conviction in the Magistrate's Court on 7 July 1997 of a traffic offence. The offence was of being the registered owner of a motor vehicle which was upon a road without having a valid licence displayed on it. That is an offence under regulations 25(1)(c)and 60(3) of the Road Traffic (Regulation and Licensing of Vehicles) Regulations.

2. There has never been any dispute as to the facts. The applicant is the registered owner of a motor cycle registration mark EV 2872. On 18 January 1997 a police constable came across that motor cycle parked on the road under a flyover at the junction of Hing Fong Road and Kwai On Road in the New Territories. As the constable noticed, the licence displayed on the motor cycle had expired on 6 June 1996.

3. Regulation 25(1)(c) provides, in so far as is material, that "no motor vehicle shall be upon or used on any road unless a valid licence in respect of the vehicle is displayed ... in the case of a motor cycle, in a conspicuous place on the left-hand side of the vehicle in such manner that it is clearly visible from that side of the vehicle." And regulation 60(3), in so far as is material, makes a person guilty of an offence if any vehicle of which he is the registered owner is "upon or used on any road" in contravention of regulation 25.

4. The point upon which the applicant seeks leave to appeal is that those regulations should be interpreted to...

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